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CEDAR COVE v. STANZIONE

233 N.J. Super. 336 (1989)

558 A.2d 1351

CEDAR COVE, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, AND THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-INTERVENOR AND RESPONDENT, v. ALPHONSE STANZIONE, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND BOROUGH OF SOUTH TOMS RIVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND PLANNING BOARD OF THE BOROUGH OF SOUTH TOMS RIVER, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, argued the cause for appellant cross-respondent, Alphonse Stanzione (Kimmelman, Wolff & Samson, attorneys; Gage Andretta and Bruce Dickstein, on the brief).

George P. Cook, Deputy Attorney General, argued the cause for respondent intervenor Department of Environmental Protection (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; George P. Cook, on the brief).

Theodore E. Kyles, Jr., argued the cause for respondent cross-appellant, Cedar Cove (Enright, Lenney & Mcgrath, attorneys; Aaron Dines, of counsel; Theodore E. Kyles, Jr., on the brief).

Before Judges DEIGHAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.,

Defendant, Alphonse Stanzione (Stanzione), appeals from a judgment voiding a sale to him of public lands owned by the Borough of South Toms River (borough). To decide this appeal we must construe N.J.S.A. 13:8A-47(b) (hereinafter § 47(b)), which restricts municipal power to sell lands held for recreation and conservation purposes at the time a municipality receives a

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